If, as expected, an announcement is made in the next few days on the devolution of abortion law to Scotland, it will be the end of a very curious process. The SNP were enthusiastic about the change but now appear to be lukewarm. Labour were relaxed about it but are now opposed to it. And there has been some serious opposition from women's groups and charities. So why is the change happening?
The answer is partly because the SNP is, in its own words, in the business of more powers and, even though it recognises that abortion is a spikey and difficult issue and in many ways the party would prefer to concentrate on other matters, it is not going to say no to more devolution. However, the abortion move is also happening because the UK Government recognises a certain logic to the move: health, including the end of life, is a devolved matter so in some ways it makes sense that abortion should be too.
However, this newspaper shares the concerns of women's groups and charities such as Amnesty International over the potential consequences of devolving abortion. In a statement to MPs, Amnesty and other organisations, including Scottish Women's Aid, suggested that the move could lead to different laws north of the Border, which, in turn, could lead to a discriminatory impact on women and girls in Scotland, or other parts of the UK, and possibly a cross-border trade in terminations.
Such concerns might seem far-fetched when the Scottish Government says it has no plans to change the 24-week time-limit for abortion. But who can predict the colour and shape of future Scottish governments? Whatever the Scottish Government may say now (and its reassurance is welcome), it cannot tie the hands of any future First Minister who may take a different view. And it certainly cannot tie the hands of a Prime Minister, who may change the law in the rest of the UK.
We also already have a precedent in the UK that demonstrates the consequences of different abortion laws across borders. In 1967, abortion was legalised in the UK, but it did not apply to Northern Ireland and there remains strong opposition in the Assembly to any liberalisation. What this means is that every year, thousands of women travel from Northern Ireland to hospitals elsewhere in the UK to have terminations – the same could happen between England and Scotland if there was any difference in the laws.
Perhaps such a difference will never happen, but the potential for it to do so should give both the UK and Scottish governments pause. There is a theoretical logic to devolving abortion to a parliament that already controls health matters, but when there are appears to be lukewarm interest at best from the SNP and downright opposition from Labour and women's groups, should it really be a priority?
In the end, the Smith Agreement said that "further serious consideration should be given to its devolution and a process should be established immediately to consider the matter further".
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel